Q5) (15 points ) The Ministry of Public Works (MoPW), referred to hereinafter as the Employer, in a country in Africa has signed a re-measurement contract with company A to construct a hospital in one of the highly congested quarters of the city. The piece of land, on which the hospital is to be built, is 30,000 square meters. The MoPW hired the services of a consultancy firm (referred to hereinafter as the Engineer) to design the project and to represent the Employer in supervising and managing the contract with the contractor who will be hired to construct the works.

a) In such a re-measurement contract, what would be in your opinion the advantages to the Owner to bear the risk of 'changed underground conditions'?

b) Who should, in your opinion, bear the risk of 'Force Majeure'? Is it the Contractor, the Employer or the Engineer? Explain your answer.